ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2), BENGALURU vs. M/S. M & G IMPEX (INDIA) PRIVATE LIMITED, BANGALORE

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ITA 2199/BANG/2019Status: DisposedITAT Bangalore14 February 2020AY 2014-152 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the CBDT circular regarding monetary limits for appeals applies retrospectively to pending appeals. Therefore, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for AY 2014-15. The Departmental Representative submitted that the tax effect in the disputed amount was below the monetary limit set by the CBDT for filing appeals.

What were the issues?

The primary issue was whether the Revenue's appeal was maintainable given the tax effect and the applicability of CBDT circulars on monetary limits for appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCH ‘ C ’

Before: SHRI A. K. GARODIA & SHRI PAVAN KUMAR GADALE

For Appellant: Shri Balakrishnan N, Addl.CIT (DR)(ITAT), Bengaluru
For Respondent: Shri. R. K. Ganeriwala, CA
Hearing: 16.01.2020

O R D E R Per A. K. Garodia, A.M. : This appeal at the instance of the Revenue is directed against the order passed by the Commissioner of Income Tax (Appeals)-4, Bengaluru, dt.02.07.2019 for Assessment Year 2014-15.

2.

The learned Departmental Representative for Revenue submitted that in this appeal, the tax effect pertaining to the amount disputed by the Revenue is less than the monetary limit of Rs.50 lakhs fixed by the CBDT in Circular No.17/2019, dt.08.08.2019, which is in supersession of its Circular No.03/2018 dt.11.07.2018 and Amendment dated 20.08.2018, in relation to filing of appeals before the Income Tax Appellate Tribunal. Taking into consideration the above, and also the fact that the CBDT Circular under reference applies retrospectively even to pending appeals, we hold that the above listed appeal filed by the Revenue is not maintainable and liable to be dismissed in limine.

3.

In the result, Revenue’s appeal for Assessment Year 2014-15 is dismissed.

Order pronounced in the open court on February, 2020.

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